Colorado Revised Statute § 18-12-106 C.R.S. makes it a crime to commit certain unlawful acts with weapons. Specifically, the statute prohibits:
- Aiming a gun at a person, or
- Possessing a gun while intoxicated, or
- Shooting a gun or bow and arrow carelessly, or
- Leaving a loaded trap unattended, or
- Throwing nunchucks or throwing stars at a person.
A first-time conviction of prohibited use of a weapon is a misdemeanor in Colorado. Though this crime becomes a felony if in the last five years you were convicted of either:
- prohibited use of a weapon,
- unlawful carrying of a concealed weapon, or
- possession of a defaced firearm.
The purpose of C.R.S. 18-12-106 is to punish the prohibited use of weapons even if no injury results. If someone does get hurt, then you would face assault charges in addition to – or instead of – C.R.S. 18-12-106 charges.
To help you better understand Colorado’s law against the prohibited use of weapons, our Denver criminal defense lawyers discuss C.R.S. 18-12-106 section by section:
- 1. Aiming Firearms at Someone
- 2. Having Firearms While Intoxicated
- 3. Shooting a Gun or Bow and Arrow
- 4. Leaving Loaded Traps Unattended
- 5. Throwing Stars or Nunchucks
- Frequently Asked Questions
- Additional Reading
1. Aiming Firearms at Someone
C.R.S. 18-12-106(1)(a) prohibits knowingly and unlawfully aiming a gun at someone else in Colorado. It does not matter if the gun never goes off or even if the person being aimed at does not realize you are there.
Example: After Jack’s neighbor tells him to turn down his music, Jack takes out his gun and points it at his neighbor. Here, Jack violated C.R.S. 18-12-106(1)(a) because he “knowingly” aimed the gun at someone else “unlawfully.” Had Jack aimed the gun while having a seizure or other medical episode, then Jack could claim he did not act “knowingly.”
Typical defenses to this charge are that you acted negligently or recklessly rather than knowingly, or that the gun was never aimed at a person.
Penalties
Knowingly and unlawfully aiming a firearm at another person in Colorado is a class 1 misdemeanor carrying:
- Up to 364 days in jail and/or
- Up to $1,000.
A second or subsequent offense in five years is a class 5 felony carrying:
- 1 to 3 years in prison (plus 2 years of parole) and/or
- $1,000 to $100,000.1
Knowingly aiming a gun at a person is a class 1 misdemeanor in Colorado.
2. Having Firearms While Intoxicated
C.R.S. 18-12-106(1)(d) prohibits possessing a gun while drunk or high in Colorado. It does not matter if you never end up using the gun and no one gets hurt.
Example: Jim carries his revolver everywhere, and he has a current and valid CCW permit. One night he walks home drunk from a bar. If a policeman sees him, Jim could be arrested for possessing a gun while intoxicated. The fact Jim had a permit is no defense.
The two most common defenses to these “firearm under the influence” charges are that:
- You were not actually intoxicated. Perhaps you were just tired or having a medical episode like a diabetic coma; or
- You never possessed the gun. Perhaps someone else was carrying the gun. Even if your roommate had the gun, you arguably did not possess it if your roommate stored it in a safe you do not know the combination to.
Penalties
Possessing a firearm while intoxicated from drugs or alcohol in Colorado is a class 1 misdemeanor carrying:
- Up to 364 days in jail and/or
- Up to $1,000.
A second or subsequent offense in five years is a class 5 felony carrying:
- 1 to 3 years in prison (plus 2 years of parole) and/or
- $1,000 to $100,000.2
Possessing a firearm while intoxicated is a crime.
3. Shooting a Gun or a Bow and Arrow
C.R.S. 18-12-106(1)(b) prohibits shooting a gun or discharging a bow and arrow in Colorado if either:
- you are acting “recklessly,” which means you know your actions are risky, or
- you are acting “with criminal negligence,” which means you are being unjustifiably careless.
Example: To show off, Jason twirls his gun in front of his friends. Then the trigger gets caught on his thumb, causing the gun to fire. Here, Jason could be charged with violating C.R.S. 18-12-106(1)(b) because arguably he was being reckless or at least very negligent when the gun went off. It does not matter if no one gets hurt.
Three common defenses to charges of recklessly or negligently shooting a gun or arrow are:
- The incident was an unavoidable accident that was no fault of your own, and it would have happened to any reasonable person in your position; or
- The gun never went off, or the arrow never discharged; or
- Someone else caused the bullet or arrow to discharge.
Penalties
Recklessly or negligently discharging a gun or bow and arrow in Colorado is a class 1 misdemeanor carrying:
- Up to 364 days in jail and/or
- Up to $1,000.
A second or subsequent offense in five years is a class 5 felony carrying:
- 1 to 3 years in prison (plus 2 years of parole) and/or
- $1,000 to $100,000.3
It violates C.R.S. 18-12-106 to handle bows and arrows in a reckless or criminally negligent fashion.
4. Leaving Loaded Traps Unattended
C.R.S. 18-12-106(1)(c) makes it a Colorado crime to knowingly set a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached if you leave it unattended. It does not matter if the device never goes off and no one gets hurt.
Example: George sets up a loaded trap in a park to catch the wild fox that keeps scaring the children. Even if George got the park’s permission to set up the trap, it is a crime if George leaves the scene without a competent adult there attending to the device.
Common defenses to this charge are that the trap was not loaded or that you never left it unattended.
Penalties
Leaving a loaded gun, trap, or explosive device unattended in Colorado is a class 1 misdemeanor carrying:
- Up to 364 days in jail and/or
- Up to $1,000.
A second or subsequent offense in five years is a class 5 felony carrying:
- 1 to 3 years in prison (plus 2 years of parole) and/or
- $1,000 to $100,000.4
“Nunchaku” have two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain.
5. Throwing Stars or Nunchucks
C.R.S. 18-12-106(2)(a) prohibits knowingly aiming, swinging, or throwing a throwing star or nunchuck at someone else in Colorado. This law also prohibits knowingly possessing a throwing star or nunchuck at a public place in Colorado (unless it was part of an authorized public demonstration or class).
Example: Jeffrey carries his nunchucks from home to a friend’s house. Even though he never uses them, he could be arrested simply for possessing them in public.
Depending on your case, three common defenses to C.R.S. 18-12-106(2)(a) charges include:
- You did not “knowingly” aim or throw the weapons; you were acting carelessly, or it was an accident; or
- The weapons you used do not meet the criteria of throwing stars or nunchucks; or
- You were never in public.
Penalties
In Colorado, knowingly aiming, swinging, or throwing a throwing star or nunchuck – or knowingly possessing them in public – is a class 2 misdemeanor carrying:
- Up to 120 days in jail and/or
- Up to $750.
A second or subsequent offense in five years is a class 5 felony carrying:
- 1 to 3 years in prison (plus 2 years of parole) and/or
- $1,000 to $100,000.5
A throwing star (“shuriken”) is a hand-held disc-shaped bladed object meant to be thrown.
Frequently Asked Questions
What happens if I get arrested for prohibited use of a weapon for the first time?
A first-time conviction is a class 1 misdemeanor, which can result in up to 364 days in jail and/or up to $1,000 in fines. However, the charge becomes a felony if you were convicted of certain weapon crimes in the past five years.
Can I still be charged if my gun did not go off or no one got hurt?
Yes, you can still be charged even if the weapon never fired and no one was injured. Colorado law punishes the prohibited use of weapons regardless of whether harm actually occurs.
Does having a concealed carry permit protect me from these charges?
No, having a valid concealed carry permit is not a defense to prohibited use of weapon charges. For example, you can still be charged for possessing a firearm while intoxicated even with a valid permit.
What counts as being “intoxicated” when carrying a firearm?
Being intoxicated means being under the influence of alcohol or controlled substances while possessing a firearm. The law doesn’t specify exact blood alcohol levels – any level of impairment from drugs or alcohol can result in charges.
Additional Reading
For in-depth information about possessing firearms under the influence, refer to these scholarly articles:
- Alcohol Use and Firearm Violence – Epidemiologic Reviews.
- A Review of Legislation Restricting the Intersection of Firearms and Alcohol in the U.S. – Public Health Reports.
- Alcohol misuse, firearm violence perpetration, and public policy in the United States – Preventive Medicine.
- Keeping firearms from drug and alcohol abusers – Injury Prevention.
- The Roles of Alcohol and Drugs in Firearm Violence – JAMA Internal Medicine.
Legal References:
- Colorado Revised Statutes 18-12-106. Prohibited use of weapons – definitions.
(1) A person commits a class 1 misdemeanor if:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
(2)(a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
(b) For purposes of this subsection (2), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.See also CRS 18-12-107. Penalty for second offense.
Any person who has within five years previously been convicted of a violation under section 18-12-103, 18-12-105, or 18-12-106 shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.
CRS 18-1-501. See also: People v. Wilson, App. (Colo. 1998) 972 P.2d 701, modified on denial of rehearing, certiorari denied. Prior to March 1, 2022, violating CRS 18-12-106 was always a category 2 misdemeanor carrying 3 to 12 months in jail and/or $250 to $1,000 in fines. SB21-271. - Same. People v. Garcia (Colo. 1979) 595 P.2d 228. People v. Beckett (Colo. 1990) 782 P.2d 812. People v. Koper (Colo.App. 2018) 488 P.3d 409.
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